Asgar and Another Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:176749

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10138 of 2023

Applicant :- Asgar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam,Mohammed Shadan Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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Apprehending their arrest in Case Crime No.203 of 2020, under Sections 498-A, 354-B, 307, 506 IPC, Police Station Khekra, District Baghpat, present anticipatory bail application has been filed by applicants - Asgar and Asar Mohammad seeking anticipatory bail.

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As per allegations contained in the F.I.R., the daughter of the informant was married to Gulzar s/o applicant no.1 three years prior to the incident, but she was being tortured on account of her being issue-less. On 18.6.2020, the applicant no.2 along with coaccused Chand tried to outrage the modesty of the victim and all the in-laws / named accused persons in the F.I.R. also assaulted her and with intention to kill they tried to strangulate her. F.I.R. was lodged on 19.8.2020 and after investigation, now charge-sheet has been submitted into the matter.

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It is submitted by the learned counsel for the applicants that the applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. They have been falsely implicated into this matter. Allegations levelled against the applicants are false. It is further submitted that it is a case of simple matrimonial dispute and on the basis of false allegations, F.I.R. has been lodged by the informant. It is further submitted that the medical evidence does not support the prosecution version and the injuries found on the body of the victim / injured are of simple nature. No specific role of assault has been assigned to any of the applicants in this case. It is further submitted that the applicants have been cooperative during the course of investigation. Applicant no.1 is the father-in-law and

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applicant no.2 is the brother-in-law (devar) of the victim. It is further submitted that after submission of the charge-sheet, no custodial interrogation is required in the matter. It is further submitted that the applicants have no criminal history to their credit and as such they are entitled for anticipatory bail.

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Per contra, learned A.G.A. opposed the prayer for anticipatory bail, but however could not dispute the factual aspect of the matter, as submitted by the counsel for the applicant.

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In the present case, charge-sheet has been submitted. Now no custodial interrogation is required in the matter. Applicants have been cooperative during course of investigation.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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In Aman Preet Singh vs. C.B.I. through Director, AIR 2021 Supreme Court 4154 , the Hon'ble Apex Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him/her to be released on bail.

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Hence, considering the settled principles of law regarding

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anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicants in the aforesaid case crime, they shall be released on anticipatory bail till end of the trial on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

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(i) The applicants shall make themselves available before the court concerned on the date fixed in the matter;

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(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court or to any police officer;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants.

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Order Date :- 6.9.2023 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Asgar and Another v. State of U.P. and Another

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Asgar and Another v. State of U.P. and Another

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